Planning commission denies garage/shop application over conflicting setback plans

The Fountain Green City Planning Commission on April 9 denied a garage-and-shop application after members found conflicting drawings and unanswered questions about setbacks and whether the project would rebuild on an existing foundation.

The commission’s review centered on mismatched site plans showing a 20-foot front setback on one page and 25 feet on another. Members said the discrepancy matters because a structure rebuilt on an existing foundation can be treated as ‘grandfathered,’ while a new foundation would have to meet current setbacks.

“We will be adding an attached 2 car garage to the existing shop building as well as adding on to the shop. We will be removing the current detached garage that is in disrepair,” the application form states (applicant text in the submission). Commission members said that language did not resolve whether the original foundation would remain. Chair (Speaker 1) said the uncertainty left the commission unable to approve the proposal.

Staff and members repeatedly requested that the owner or a representative attend to answer questions about which elements of the existing structure would remain and which would be demolished. Commissioner (Speaker 3) noted a need for accurate field measurements and for the site plan to be consistent: “There’s a conflict—20 here, 25 on the other sheet.”

Because those primary questions remained unresolved, Commissioner (Speaker 3) moved to deny the application and asked staff to return the file to the Baileys with two specific questions: (1) confirm the correct setback and provide verified measurements, and (2) state whether demolition will remove the original foundation. The motion passed with the commission’s vote.

The commission indicated that the application may be approved if the applicant returns with clear, consistent plans and answers the commission’s questions in person or via an authorized representative.

Next step: staff will send the denial and the list of questions to the applicants and request their attendance at the next Planning & Zoning meeting to resolve the discrepancies.